Bruce McHugh’s appeal against a Federal Court A.I. judgment will proceed in February 2014.
Justice Alan Robertson dismissed McHugh’s initial legal action ruling the refusal to register horses bred via artificial insemination was not a restraint of trade. The appeal will be heard before three Federal Court Judges in Sydney for three days starting February 19.
Under international rules, only horses that are conceived by “direct cover”, where the stallion directly inseminates the mare, can be registered, which allows them to race and breed. Any country legalising AI would be effectively isolated from the rest of the racing world.
The lawsuit is being defended by six co-respondents – Australian Jockey Club, Victoria Racing Club, Australian Racing Board, Thoroughbred Breeders Australia, Racing Information Services Australia and Australian Stud Book.